International Relations ILLEGAL MIGRATION, A KEY FACTOR IN THE INCREASE OF ORGANIZED CRIME 1

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1 Supplement No. 3/2015 International Relations ILLEGAL MIGRATION, A KEY FACTOR IN THE INCREASE OF ORGANIZED CRIME 1 Alexandru GUȘETOIU 2 ABSTRACT: IN RECENT DECADES, MIGRATION FLOWS TO WESTERN COUNTRIES WITH A HIGHER STANDARD OF LIVING, WERE BASED ON A VARIETY OF CAUSES AND FACTORS, OFTEN SOCIO-POLITICAL. ILLEGAL MIGRATION IS A SIGNIFICANT GEOPOLITICAL ISSUE FOR EUROPE NOW, BEING ONE OF THE MAIN FACTORS THAT GAVE RISE TO THE PROLIFERATION OF ORGANIZED CRIME. THE SPECIFIC EFFECTS OF THIS PHENOMENON ARE REPRESENTED MOSTLY BY DEVELOPING ECONOMY, WHILE MOONLIGHTING CAUSING AN IMBALANCE BETWEEN QUALIFIED LOCAL LABOR FORCE AND MARKET DEMAND, PROSTITUTION AND DRUG TRAFFICKING AND STEPPING ORGANS. ALSO, SOCIAL EXCLUSION AND SOCIO-CULTURAL DIFFERENCES MAY REPRESENT THE FOUNDATIONS OF SOURCES OF CONFLICT BETWEEN INDIGENOUS MIGRANTS, WHICH MAY ARISE EXTREMIST ACTIONS. THE PRESENT STUDY, PRESENTS THE SITUATION OF ILLEGAL MIGRATION ON THE EUROPEAN CONTINENT BASED ON STATISTICAL DATA PROCESSED BY FRONTEX. WE'LL SEE HOW TO MAKE THE CONNECTION BETWEEN ILLEGAL MIGRATION AND ORGANIZED CRIME THROUGH THE OFFENSE OF TRAFFICKING IN MIGRANTS AND MIGRATORY ROUTES THAT. ILLEGAL MIGRATION IS THE METHOD PEOPLE NOT FOLLOWING THE LEGAL WAY TO GET INTO A COUNTRY CHOOSE. ENTERING, STAYING OR TRANSITING A STATE S TERRITORY BY FOREIGN PEOPLE WITHOUT OBEYING THE CONDITIONS IMPOSED BY THE STATE S LEGISLATION. THE SITUATION ALSO APPLIES TO THE EMIGRANTS LEAVING THEIR STATE OF ORIGIN WITH THE AIM OF IMMIGRATING WITHOUT FOLLOWING THE LEGAL PROCEDURES. ACCORDING TO EUROPEAN STATISTICS, ILLEGALLY ENTERED THE EUROPEAN UNION IN 2014, WHILE 4000 OF THEM LOST THEIR LIVES IN THEIR ATTEMPT TO CROSS THE MEDITERRANEAN SEA. THUS, ILLEGAL MIGRATION BECOMES A THREAT TO THE STATES SOCIO-ECONOMIC SECURITY AND STABILITY AS WILL BE SHOWN IN THE PRESENT ARTICLE. KEY WORDS: ILLEGAL MIGRANT TRAFFICKING, COUNTERFEIT PASSPORTS, ROUTES OF ILLEGAL MIGRATION, CRIMINAL ORGANIZED GROUP, BORDERS, FRONTEX. Illicit or clandestine migration is currently running more intensely from Eastern- European and Asian space towards Western Europe. The reasons why clandestine immigrants choose this way of leaving their native countries are diverse: armed conflicts, natural 1 This work was possible due to the financial support of the Sectorial Operational Program for Human Resources Development , co-financed by the European Social Fund, under the project number POSDRU/159/1.5/S/ with the title Young successful researchers professional development in an international and interdisciplinary environment. 2 Phd Student, "Babes-Bolyai" University of Cluj-Napoca, Faculty of History and Philosophy, International Relations and Security Studies, gusetoiu_alex@yahoo.com 14

2 July 2015 disasters, flagrant violation of human rights, poor economic conditions, the alarming growth in unemployment, while wages continue to decline; most often these reasons having a sociopolitical background. Illegal migration is clearly a constant topic on the European and international socio-political agendas, as well as an important talking point in the mass-media. Recent events covering the topic was the assembly of The European Council on 23 rd April or the declaration of the Hungarian Prime Minister, Viktor Orban, in The Visegrad Group on 19th June 2015 summit in Bratislava regarding the building of a barbed wire fence at the border between Hungary and Serbia to stop clandestine immigration, arguing that, in this way, other Schengen area states will be protected. 4 Organized crime and illegal migration have alarmingly increased, a reason to worry for all world states, especially for those with a recently established democracy with vulnerable legislative systems and institutions. Criminal organizations threaten national sovereignty and state authority, democratic values, public institutions and national economies. Their activity makes them hard to control, being flexible, sophisticated and extending their alliances permanently which provides them a good protection against police authority. 5 Due to the involved criminal networks, and their ingenuity, illegal migration is a scourge which proves harder and harder to control. The target countries legislations do not help authorities, either, in stopping this phenomenon due to their differences. Besides, the migrating beneficiaries of this illegal services do not disclose or admit their connections with criminal groups either because they want to achieve their goals, or because they are threatened. 6 According to European statistics, illegally entered The European Union in 2014, while 4000 of them lost their lives in their attempt to cross the Mediterranean Sea. 7 Thus, illegal migration becomes a threat to the states socio-economic security and stability as will be shown in the present article. Migration can be classified into various types: emigration/immigration, international/internal, voluntary/imposed, permanent/temporary and,of course, legal/illegal. 8 Legal migration is the type which world states accept since all its aspects can be controlled. In order to facilitate legal migration,governments close treaties which provide facilities for both immigrants and local people, ensure legal work conditions or social care. In this way, states can collect the due income taxes related to gains made by foreign nationals. Moreover, there is a cultural, social and technological exchange between the involved states. Illegal migration is the method people not following the legal way to get into a country choose. Entering, staying or transiting a state s territory by foreign people without obeying the conditions imposed by the state s legislation. The situation also applies to the emigrants 3 Extraordinary European Council Meeting, April 23, 2015, press release available online at accessed on 06/19/ Sorin Popescu, Viktor Orban: The fence will be erected Serbian-Hungarian border to stop illegal immigrants will protect the Schengen area Agerpres accessed on , 5 Octavian Floricel, Migration and crime, (Targoviste: Bibliotheca, 2006), Sandu Frangulea, The phenomenon of migration and trafficking, Romanian Association of Humanitarian Law, accessed on , 7 Monica Slavici, European Agenda for Migration, Radio Romania Regional, , accesed on , 8 Floricel, Migration and crime,

3 Supplement No. 3/2015 leaving their state of origin with the aim of immigrating without following the legal procedures. 9 The United Nations Convention against Transnational Organized Crime contains a definition of organized criminal group: group of three or more persons that was not randomly formed, existing for a period of time, acting in concert with the aim of committing at least one crime punishable by at least four years incarceration, in order to obtain, directly or indirectly, a financial or other material benefit. 10 A key feature of organized crime organizations is to extend the domination outside the national territory to ensure a higher profit. It resembles both the organizational structure and the business of transnational companies. It may be noted greater mobility of these structures compared with informal legal structures, benefiting from the absence of borders, barriers bureaucratic any kind of formalities. Modern organized crime is present in different forms everywhere engaging in all types of transactions or traffic, legal or not with marked to be profitable. Illegal migration, human trafficking, drug trafficking and weapons, prostitution was among performing activities. 11 Migrational fluxes mainly affect countries with high living standards. Their disproportional distribution has changed since the 1990s when Germany and Austria were the main countries immigrants aimed at due to their economic level; presently, Great Britain, The Netherlands, France, Italy, Spain, Portugal, and the Nordic countries are also targeted. The destinations of illegal migrants from Eastern Europe are not different and the Nordic European countries have become more and more appealing due to their social care services such as the help given to families with several children. 12 It is still a proven fact that the main providers of emigrants are the south-eastern areas of Europe, lower living standard states, which made EU states to take stricter steps against illegal migration, while political parties with an anti-migrationist doctrine have become more popular in countries such as Austria, France, The Netherlands or Great Britain. Unfortunately, the general radicalization of the public opinion in the above mentioned countries is fueled both by the media which often highlighted the Rroma ethnic origin of many migrants but also by the large number of migrants who often creates negative issues through " demographic balance disorder, ethnic cultural, social protection mechanisms through inability or public health by exceeding legal capacity to absorb the labor market and thus, by disturbing the balance of forces between the control structures of legality and public order and the population channeled into criminal activities " being organized in networks of prostitution, begging or stealing. 13 Preventing and combating illegal migration involved EU countries in drafting legislation to align States in this regard. As a result of the above policies efforts to combat this phenomenon we observe that the number of citizens returning to their countries of origin has increased in recent years, even if they are gone for a long time. Underlying these efforts were the actions that were the conclusion of new readmission agreements between the parties concerned and other European countries. 9 Cristian Florin Popescu, World in motion: Layouts on legal and migration management, (Bucharest: Pro Univesitaria, 2006) United Nations Convention of 15 November 2000 against Transnational Organized Crime, Article 2, paragraph a). 11 Anghel Stoica, Illegal migration at the junction with trafficking, (Bucharest: Pro Universitaria, 2014), Sandu Frangulea, The phenomenon of migration and trafficking, Romanian Association of Humanitarian Law, accessed on , 13 Frangulea, The phenomenon of migration and trafficking. 16

4 July 2015 Eastern Europe including Romania is an element of attraction for migrants, persons without identity from African or Asian continent, dangerous people who have committed crimes, international pursued by Interpol, which may be part of terrorist groups or criminal organizations. They seek political asylum in Romania starting then clandestinely to other countries in Western Europe; there is a risk that those people can commit acts of terrorism, to be involved in the phenomenon of cross-border crime or other crimes. If found they are returned to Romania, the country where they sought political asylum, so they could jeopardize the country's image. Following Romania's accession to the European Union, our country has become a source and transit country, a target country, which entails greater responsibility. 14 Romania s role in the EU security strategy is not to be neglected. We have to take into account that more than 2070 km of our country s border represents the EU s exterior border which enhances our role in ensuring border security. In the 2015 annual risk analysis of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, FRONTEX, we are shown a series of indicators that can be found in illegal migration from 2009 to 2014: Summary of FRAN (Frontex Risk Analysis Network) indicators: 15 FRAN indicator % change on prev. year Illegal entries between BCPs Clandestine entries at BCPs Facilitators Illegal stay Refusals of entry Persons using : : fraudulent documents Return : : decisions issued3 Effective : : returns Other indicators Issued visas : n.a. (source: Commission) Passenger flow : : : n.a. Source: FRAN and EDF-RAN data as of 9 February 2015 Illegal migrant trafficking is one of the most serious manifestations of transnational crimes having secondary effects on the long run. Illegal migrant trafficking often comes along with other aspects of organized crime such as drug or arm smuggling. More and more complex networks of human traffickers (organized in groups) have been discovered, with connections almost anywhere worldwide. Migrant and people trafficking are different crimes so a distinction has to be made. The difference is that " although in both cases it is about smuggling people, migrants are active participants in the act in all its forms by members of 14 Horea Oltean, the head of the Organized Crime Brigade Cluj, seminar held in the "Babes-Bolyai" University, Faculty of History and Philosophy, April 21, European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, Frontex risk analysis annually in 2015, (Warsaw, April 2015), 12, accessed 6/19/2015, Annual_Risk_Analysis_2015.pdf. 17

5 Supplement No. 3/2015 criminal groups trafficking ". Such illegalities are usually committed by organized groups involved in migrant trafficking with the intent to obtain financial and material benefits. 16 Methods used by migrants for crossing the border illegally are diverse taking advantage and exploiting all the loopholes in the system. The usual method is the use of forged or counterfeit passports and visas. Most often, they take advantage of the fact that some officials from corrupt targeted embassies are willing to help in issuing visas. Later, after obtaining documents and reaching their destination, they remain clandestine. The cost of the service varies between dollars depending on the country of destination. 17 Still using transit or entry visas, collective obtained touristic purposes, or motivated by the provision of commercial activities and use of false documents in the names of renowned multinational companies for a target country or requesting asylum status, followed by illegally remaining in the country. Other known ways of crossing the border illegally are performed by illegally crossing over the "green border"; using false identification documents; by hiding in international means of auto transport, rail or barge; under the pretext of ensuring transport and lodging for upcoming appearances at sporting events; under the cover of religious denominations; 18 The term illegal trafficking of migrants refers to ensuring, in order to obtain, directly or indirectly, a financial or other material benefit, the illegal entrance into a certain state of a person who is neither a citizen nor a permanent resident of that State. 19 The crime of trafficking of migrants under the Emergency Ordinance on the Romanian State Border 105/2001 refers to the recruitment, mentoring or guidance of one or more persons for the purpose of illegal border crossing state and the organization of these activities." 20 Migrant trafficking offenses committed by organized criminal groups are usually transnational crimes which in accordance with the United Nations Convention against Transnational Organized Crime means that "it is committed in more than one State; It is committed in one state but a substantial part of its preparation, planning, direction or control takes place in another State; It is committed in one state but involve an organized criminal group that engages in criminal activities in more than one State; or it is committed in one state but has substantial effects in another state. " 21 Besides the negative aspects already mentioned at the beginning, illegal migration involves several negative consequences. Since the majority of migrants come to work illegally, illegal hiring contribute to the deepening economic crisis and increasing unemployment among the native population. Once reaching the immigration countries in a fraudulent way, in order to ensure their existence or in some cases to manage to send money to their families back home, they are ready to sell their labor for paltry wages, 22 causing imbalances in the labor market of that country, socialization and adaptation difficulty in relationships with the locals, and the risk of conflicts outbreak between them. As mentioned above, illegal migration can easily attract other types of crimes, human trafficking, trafficking in arms and ammunition, drugs, cars. Once in the desired country there is a possibility that many migrants do not find dream conditions, and, with no means of support, they tend to get 16 Frangulea, The phenomenon of migration and trafficking. 17 Stoica, Illegal migration at the junction with trafficking, Frangulea, The phenomenon of migration and trafficking. 19 Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime of 15 November 2000, Article 3, paragraph a). 20 Emergency Ordinance on the Romanian State Border 105/2001, Article 71, paragraph United Nations United Nations Convention of 15 November 2000 against Transnational Organized Crime, article 3. point 2, para. a), b), c), d). 22 Floricel, Migration and crime,16. 18

6 July 2015 them through crime. Due to their difficult situation migrants are vulnerable, easily recruited or tempted to join some mafia groups or some may belong to or are sympathizers or even members of extremist terrorist organizations. In this regard illegal migration is associated and inevitably involves "importing crime". In the same register, to conduct illegal activities premises are constituted using fictitious companies. There are also additional costs for the national budget, for the return of illegal migrants to their countries of origin,for hosting and assistance to asylum seekers. Migration can have repercussions on health and the transmission of specific disease characteristic to the geographical areas where the people come from. Other ones can still be added to these. 23 Routes of illegal migration. Migration flows have increased after the 2011 political unrest in North Africa and the Arab world, events known as the "Arab Spring" is detecting a sudden increase in the EU's external border of illegal migrants, 100,000 in 2010 to 140,000 in The main routes of illegal migration that have been identified are: Central Asia / Africa-Russia / Ukraine - Moldova - Romania's eastern border - Hungary / Serbia - EU countries Active route until 2006, moving to the north and south of Romania, but it is expected to resume. The citizens involved are African-Asian, from China, Somalia, India, Iraq, Pakistan and others, and the guides are members of criminal organizations Russian, Ukrainian or Moldovan. Central Asia- Syria- Turkey-Bulgaria-souther Romanian border Hungary- EU countries. Guides were Turkish citizens, Iraqis and Syrians of Kurdish ethnicity. Entry into the Schengen area by air by Kurd, Chinese, Iraqi, Iran citizens is done by using forged visas. 25 Channel "Iraqi-Kurdish" with target U.E. 26 The"Chinese" Channel is the main source of three provinces in southern China (Zehjiang, Fujian and Guangdon) the final destination being EU countries, USA and Australia. For an Asian fraudulently passed through Romania, guides charge a fee between $ Pakistani channel the country representing networks source country for illegal immigrants. Networks run by Pakistani aimed transportation of illegal Indian and Pakistani entrants in the EU especially the UK and Canada. A practice in these areas frequented by migrants, is to arrive in Eastern Europe in groups of around ten people crossing the border to the east or south, unlawfully, and seek refugee status temporarily to find a way to go farther West. 28 Afghan channel. Afghanistan is undoubtedly a country that fuels illegal migration, and this falls in the evolution of the phenomenon due to changes in political and military conflicts especially in this country and in the region which brings economic problems. 29 Detections of illegal border-crossing in 2014 with percentage change on 2013, by route Frangulea, The phenomenon of migration and trafficking. 24 Stoica, Illegal migration at the junction with trafficking, Stoica, Illegal migration at the junction with trafficking, Stoica, Illegal migration at the junction with trafficking, Stoica, Illegal migration at the junction with trafficking, Stoica, Illegal migration at the junction with trafficking, Gheorghe Tiron, Illegal migration and organized crime, (Bucharest: Ministry of Interior and Administrative Reform, 2008), European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, Frontex risk analysis annually in 2015, (Warsaw, April 2015), 19, accessed 6/19/2015, Annual_Risk_Analysis_2015.pdf. 19

7 Supplement No. 3/2015 Figure number 1: Detections of illegal border-crossing between BCPs (Border Crossing Point). Detections reported by routes and top three nationalities at the external borders 31 Routes Share of parent row total Central Mediterran ean route (ITA and MLT) Syria Eritrea Unspecified sub-saharan nationals n.a. Eastern Mediterran ean route (GRC, BGR AND CYP) Sea Syria Afghanistan Somalia Land Syria Afghanistan Iraq Western Balkan route Kosovo* Afghanistan % change on previous year 31 European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, Frontex risk analysis annually in 2015, (Warsaw, April 2015), 16, accessed 6/19/2015, Annual_Risk_Analysis_2015.pdf. 20

8 July 2015 Syria Circular route from Albania to Greece Albania FYR Macedonia Georgia Western Mediterran ean route Sea Cameroon Algeria Morocco Land Mali : : : : : n.a. Cameroon : : : : : n.a. Syria : : : : : n.a. Eastern borders route Vietnam Afghanistan Georgia Black Sea route Afghanistan Iraq n.a. Iran n.a. Western African route Morocco Guinea Senegal Other Russian n.a. Federation Iraq n.a. Serbia n.a. Total Source: FRAN data as of 9 February 2015 Top migrants transiting the country illegally or having as destination Romania is led by Moldovan citizens. Especially after joining U.E. our country became a destination country; many Moldovans wish to obtain Romanian citizenship thus enjoy the rights offered by EU to a citizen of a member state. Moldova is a source country for traffickers of migrants, networks run by Moldovans helping those willing to reach EU and the Schengen area. The illicit manner used by Moldovan citizens to cross the border in the first phase consists in obtaining visas to enter our country, usually helped by people with dual Moldovan and Romanian citizenship in the country who send invitations, the cost of such a service starting from the amount of 80. Sometimes invitations are used to counterfeiting or labor contracts necessary visa. Along with falsifying identity documents and use alternative transit routes. Pretending that they are Romanians, they abuse the direct air route Moscow - Dublin, departing from Domodedovo airport;there is an influx of Moldovans in this direction because they do not need visas to get to Russia. 32 As can be seen the pressures and the challenge for the European Union border control is growing. Department institutions should become more effective in taking measures to reduce risks for short and long term. Illegal migration implications of transnational criminal organizations affects all dimensions of security. Given the opinion that citizens of the country 32 Stoica, Illegal migration at the junction with trafficking,

9 Supplement No. 3/2015 of destination of immigrants, asylum seekers or refugees determine attitudes that create tensions, crises or conflicts. Illegal migrants constitute a source of economic, social, political, both for the country of destination and source. Due to E.U. extension, migration issue has become more complex in Europe since the development of the phenomenon is growing, regulation and counteract the negative effects become main points in E.U. strategies Alexandra Sarcinschi, Migration and Security, (Bucharest: University of National Defense "Carol I", 2008) 42, accesed

10 July 2015 REFERENCES 1. Floricel Octavian, Migration and crime. Targoviste: Bibliotheca, Popescu Cristian Florin, World in motion: Layouts on legal and migration management, Bucharest: Pro. Univesitaria, Sarcinschi Alexandra, Migration and Security. Bucharest: University of National Defense "Carol I", Stoica Anghel, Illegal migration at the junction with trafficking. Bucharest: Pro Universitaria, Tiron Gheorghe, Illegal migration and organized crime. Bucharest: Ministry of Interior and Administrative Reform, Emergency Ordinance on the Romanian State Border 105/ Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime of 15 November European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union Frontex risk analysis annually in 2015, Warsaw, April United Nations United Nations Convention of 15 November 2000 against Transnational Organised Crime. 10. Frangulea Sandu, migration and trafficking, Romanian Association of Humanitarian Law, Popescu Sorin, Viktor Orban: The fence will be erected Serbian-Hungarian border to stop illegal immigrants will protect the Schengen area in Agerpres, Slavici Monica, European Agenda for Migration, Radio Romania Regional, accessed on Extraordinary European Council Meeting, April 23, 2015, press release, 23